1. LAW112 – Introduction to the Australian Legal System
Annette Gainsford
Lecturer in Law and Justice
Indigenous Academic Fellow
Dip ATSI Ed, B Ed, B Bus Honours (First Class)
PhD Candidate

2. Disclaimer
I would like to advise that this presentation may contain images and names of deceased Aboriginal and Torres Strait Islander people.
Course content contains sensitive material that some students may find distressing.
For further assistance contact Student Central if you require further assistance or call 1800 ASK CSU ( ).

3. Acknowledgement of Country
Hello my name is Annette Gainsford and I would like to acknowledge the traditional custodians of this land and pay my respect to elders past and present.
May this land that they have walked for thousands of years humble us and may their spirits guide us in all we do.

4. What is an Acknowledgement of Country
An ‘Acknowledgement of Country’ can be done by everyone, Indigenous or non-Indigenous, to pay respect to the fact that one is on Aboriginal land.

5. What is a Welcome to Country
Welcome to Country’ is an important ceremony by Aboriginal people and inviting them to perform it helps non-Indigenous people recognise Aboriginal culture and history.

6. Why are such welcomes and acknowledgements important?
Incorporating a Welcome or Acknowledgement protocol into events recognises Aboriginal people as the First Australians and custodians of their land. It promotes an awareness of the past and ongoing connection to place of Indigenous Australians
Unlike New Zealand, Canada and the United States, Australia has no treaty with its Indigenous people
A Welcome to or Acknowledgement of Country doesn’t replace a treaty, native title or land rights, but they’re a small gesture of recognition of the association with land and place of the First Australians

7. Learning Outcomes
Be able to demonstrate an understanding of Indigenous customary law and how to communicate effectively with Indigenous people and communities
Communicating positively
Customary law
Pedagogical Framework
Be able to demonstrate an understanding of Indigenous social justice and analysing contemporary contexts of reconciliation in Australia
Aborigines Protection Act 1909 (NSW) and Aborigines Protection Amending Act 1915 (NSW)
Access to justice

8. Yindyamarra Winhanga-nha.
Meaning ‘the wisdom of respectfully knowing how to live well in a world worth living in’.
Represents Wiradjuri cultural values pertaining to the relational development of knowledge.
Knowledge that is put to work for the betterment of others, learning that is grown through working and walking alongside others in communities.
Indigenous education has been a long-standing core business of Charles Sturt University; however in the past few years there has been a shift in becoming serious about the institutional commitment to Indigenous leadership through partnership with Elders, communities and individual staff members.

9. Pedagogical Framework
Charles Sturt University implemented their Cultural Competence Pedagogical Framework in to achieve two purposes:
to actively embed meaningful Indigenous perspectives and pedagogy in curriculum content for all undergraduate students.

10. This Pedagogical Matrix, developed by Ranzijn, McConnochie and Nolan (2006)

11. Indigenous Cultural Competence Graduate Learning Outcomes
Knowledge
Skill
Application
Understand specific cultural and historical patterns that have structured Indigenous lives in the past and the ways in which these patterns continue to be expressed in contemporary Australia
Critically examine personal power, privilege and profession within the broader context of the history, assumptions and characteristics that structure Australian society, and the way those factors shape historical and contemporary engagement with Indigenous communities and Indigenous people
Practise in ways that show a commitment to social justice and the processes of reconciliation through inclusive practices and citizenship

12. Royal Commission into Aboriginal Deaths in Custody (1989-1991)
The Royal Commission was the most comprehensive and systematic national investigation of deaths in custody in Australia. It was critical of the delivery of professional services to Aboriginal and Torres Strait Islander people and communities and the ignorance, or cultural incompetence, of professionals.
Sweeping recommendations were made as part of the Royal Commission to address the systemic deficiencies in the criminal justice, health and education systems and to improve the approach of professionals involved in delivering services to Aboriginal and Torres Strait Islander people. In relation to legal services, the Royal Commission recommended:
Recommendation 96.
That judicial officers and persons who work in the court service and in the probation and parole services and whose duties bring them into contact with Aboriginal people be encouraged to participate in an appropriate training and development program, designed to explain contemporary Aboriginal society, customs and traditions. Such programs should emphasise the historical and social factors which contribute to the disadvantaged position of many Aboriginal people today and to the nature of relations between Aboriginal and non-Aboriginal communities today. The Commission further recommends that such persons should wherever possible participate in discussion with members of the Aboriginal community in an informal way in order to improve cross-cultural understanding.

13. Changes since RCIADIC Changes since the RCIADIC
Increase in the rate of death
Increase in the numbers of Indigenous people in custody
More deaths in prison custody than police custody
Persistent breaches of the RCIADIC Recommendations

14. Bowraville Report NSW Justice Department
NSW Standing Committee on Law and Justice report on the Bowraville murders
The Bowraville Inquiry began towards the end of 2013 to investigate the family responses to the murders of three Aboriginal children – Colleen Walker-Craig, Evelyn Greenup and Clinton Speedy-Duroux – in Bowraville, NSW, between September 1990 and January 1991.

15. The Inquiry recommended that:
Recommendation 4
That the NSW Department of Justice consider and report on the merit of requiring lawyers who practise primarily in criminal law, as well as judicial officers and court officers, to undergo Aboriginal cultural awareness training.
Recommendation 5
That the NSW Government liaise with the Legal Profession Admission Board of New South Wales, the New South Wales Bar Association and all accredited universities offering legal training in New South Wales to request that Aboriginal cultural awareness training be included as a compulsory element in their legal training and accreditation.

16. Customary Law In Australia there are two legal systems.
One of them is 40,000 years old. The other is 230 years old and has been imposed without consultation or respect.
Whilst only mainstream Australian law is legally recognised, some Aboriginal people pay more attention to Aboriginal law.

17. Aboriginal Language Map and diversity
600/60

18. Connection to Country and Culture and Collective Society Structures
Connection with country is crucial to the wellbeing of Aboriginal and Torres Strait Islander peoples. 
Culture represents the ways of living that are built up by groups and is transferred from one generation to another.
Aboriginal and Torres Strait Islander peoples are connected to country through lines of descent (paternal and maternal), as well as clan and language groups.
It is important for all Australians to understand the essential features of Aboriginal and Torres Strait Islander cultures, including connection to the land, commitment to family and community.

19. Aboriginal Family Obligations and Kinship
Aboriginal family obligations reflect cultural values, involving kinship responsibilities.
For Aboriginal people kinship and family are especially important. Aboriginal people have family and kinship responsibilities that are not typical of non-Aboriginal families.
Aboriginal people get things done through working through their family and kinship structures.

20. Policies and Blood Quantum
Aborigines Protection Act 1909 (1909 - 1969)
Assimilation Policy (1940s – 1960s)
The term the “Stolen Generations” is used for Aboriginal people forcefully taken away from their families between the 1890s and 1970s.

21. The events of the past are very important to Aboriginal and Torres Strait Islander people. These events weren’t that long ago. There are many people alive today who:
Were forcibly removed from their parents under government policy
Had their children taken away
Were not allowed in towns after 6:00pm at night
Were not allowed to be in certain areas without permission
Were barred from schools and hospitals
Returned from wars only to find they did not have the same rights as non-Aboriginal people
Have not enjoyed the same rights as others, simply because they are Aboriginal
There are people still alive today who witnessed killings and poisonings as young children. This affected those people deeply.

22. Intergenerational Trauma
Many generations of Aboriginal and Torres Strait Islander peoples around the nation have been affected by traumatic events. These experiences have included:
War in the earlier years as they tried to defend their country, or continue to live on it
Widespread death from disease
Slavery
Forced removal from land
Imprisonment often for offences they didn’t know they’d committed
Being taken from their parents and families at a young age and held in institutions where many were abused
Having their children taken from them and many other traumatic experiences

23. Aboriginal Community Consultation
Consultation is an ongoing process that benefits all participants equally in helping to ensure that Aboriginal voices are effectively incorporated into decision making processes.
It involves establishing a respectful relationship with Aboriginal communities, and demonstrating a willingness to share, to learn and to negotiate.
The sharing of knowledge is a two-way process; it follows that members of Aboriginal communities should be shown respect and should be acknowledged for their time and assistance.

24. Aboriginal Education
Social issues are interrelated and education is a fundamental contributor to social justice.
Closing the Gap –Prime Minister’s Report 2016
(Apparent retention rates for Year 7/8 to Year 12 by Indigenous status, )

25. Aboriginal Employment
In 2011, 42% of Indigenous Australians aged 15 and over were employed compared with 61% of non-Indigenous people.

26. Aboriginal Housing
The rate of homelessness for Indigenous Australians was 14 times as high as the rate for non- Indigenous Australians in 2011 (ABS 2012b).
Despite making up 3% of the population, Indigenous people represented 22% of people accessing specialist homelessness services in 2012–13.

27. Indigenous Australians have a life expectancy of around 10 years less than non Indigenous Australians
In 2008–2012, the estimated life expectancy at birth for Aboriginal and Torres Strait Islander males was 69.1 years, and 73.7 years for females. This was 10.6 and 9.5 years lower than the life expectancy of non-Indigenous males and females respectively.
Figure Age distribution of proportion of deaths, by sex and Indigenous status, NSW, Qld, SA and the NT, 2008–12
Australian Government - Australian Institute of Health and Welfare

28. A Collective sense of responsibility going forward
Recognition of Past Histories
Acknowledgement of Legacies
Listening and Understanding
Belief in Solutions
Need for Action

29. Building Respectful Relationships and Engaging with Indigenous Communities
Acknowledge Country
Using preferred names
Ask or listen
Seek more than one opinion
Relationship before business
Get to know us’
Attend local events
Visit Aboriginal and Torres Strait Islander organisations and leaders
Begin with a relationship of trust

30. Appropriate Terminology, Representations and Protocols of Acknowledgement for Aboriginal and Torres Strait Islander Peoples

31. Protocol document – working with Aboriginal people and communities

32. RECONCILIATION AUSTRALIA
Reconciliation Action Plans
“Creating a better Australia for tomorrow today, join the movement for change”

33. Thank you
Annette Gainsford